BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015512
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Campaign Medal with Device (1960) and the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states this medal and badge are not listed on his DD Form 214 and military records should reflect the correct information.
3. The applicant provides his DD Form 214 and the second page of a letter.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 22 September 1969 and he held military occupational specialties 72B (Communications Center Specialist) and 67A (Aircraft Maintenance Apprentice). He served in Vietnam while assigned as follows from:
* 31 March to 16 April 1970, Radio Relay Company, Long Binh
* 17 April to 16 June 1970, U.S. Army Strategic Command Communications Center
* 17 June 1970 to 3 March 1971, 118th Assault Helicopter Company, 145th Aviation Battalion
3. He was honorably released from active duty on 5 April 1971 and he was transferred to the U.S. Army Reserve.
4. The DD Form 214 he was issued shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal (1st Oak Leaf Cluster)
* Air Medal
* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows:
* he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* General Orders (GO) Number 909, dated February 1971, issued by Headquarters, 1st Aviation Brigade, awarded him the Air Medal (2nd through 19th Award)
6. Army Regulation 600-8-22 (Military Awards) states the:
a. Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
b. Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in three campaigns.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states DA General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, he is entitled to correction of his DD Form 214 to show this medal and badge.
2. His record confirms he participated in three campaigns during his service in Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
3. His record shows GO awarded him the Air Medal (19th Award) while his DD Form 214 shows the Air Medal and Air Medal (2nd Award). Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal (19th Award).
4. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
__X______ __X______ __X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by:
* deleting the Air Medal and Air Medal (2nd Award)
* adding:
* Air Medal (19th Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* three bronze service stars for his already-awarded Vietnam Service Medal
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140015512
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